R v Mohammed Ali Khan [2025] EWCA Crim 603
[1]The Registrar has referred to the Full Court the applicant’s applications for an extension by 319 days of the time limit for appealing and, if the extension of time is granted, for leave to appeal against his conviction on 29 January 2024 in the Crown Court at Birmingham of an offence of causing serious injury by careless driving, contrary to section 2C of the Road Traffic Act 1988.[2]On 27 May 2022 the applicant was driving his car in Solihull. He struck a pedestrian, Ms Holsey, who was on a pedestrian crossing, causing fractures to both of her legs and to her hand and fingers. The applicant was charged with causing serious injury by dangerous driving, contrary to section 1A of the Road Traffic Act 1988. He offered to plead guilty instead to causing serious injury by careless driving. This was acceptable to the Crown. A second count was added to the indictment. The applicant pleaded guilty to that count and the Crown offered no evidence on the first count.[3]Unfortunately, all concerned overlooked the fact that causing serious injury by careless driving was not an offence at the date of the collision. The offence was created with effect from 28 June 2022, when section 87 of the Police, Crime, Sentencing and Courts Act 2022 amended section 2C of the Road Traffic Act 1988.[4]In those circumstances, the applications are not opposed and it is agreed that, in the exercise of our powers under section 3A of the Criminal Appeal Act 1968, we should substitute a conviction for the offence of careless driving. We agree that that is the appropriate course to take. We substitute a conviction for the offence of careless driving.[5]It follows that we have to sentence the applicant for the offence of careless driving. The applicant was sentenced on 11 March 2024 to a suspended sentence order consisting of 9 months’ imprisonment suspended for a period of 12 months (which has now expired), including an unpaid work requirement for 120 days and a rehabilitation activity requirement for up to 20 days. He was disqualified from driving for a period of 15 months, which will expire on 17 April 2025, although he was not ordered to take an extended driving test. He was ordered to pay £250 towards prosecution costs.[6]That sentence falls away, but it is relevant to note that the applicant has substantially served that sentence. The maximum sentence for careless driving is a Level 5 fine, but it would not be appropriate to impose a fine, given the sentence which the applicant has already served. We impose instead a conditional discharge for 1 month.[7]Disqualification is discretionary. Given the term of disqualification which has already been served, we disqualify the applicant until 17 April 2025. Endorsement of his licence is obligatory, but we are not obliged to order that the applicant’s licence is endorsed with penalty points and we do not do so. We reinstate the costs order, although we assume the money has already been paid. Epiq Europe Ltd hereby certify that the above is an accurate and complete record of the proceedings or part thereof. Lower Ground, 46 Chancery Lane, London WC2A 1JE Tel No: 020 7404 1400 8. Email: rcj@epiqglobal.co.uk